Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Sahl bin Sa`d said that a woman brought a Burda (sheet) to the Prophet. Sahl asked the people, "Do you know what is a Burda?" The people replied, "It is a 'Shamla', a sheet with a fringe." That woman said, "O Allah's Apostle! I have brought it so that you may wear it." So the Prophet took it because he was in need of it and wore it. A man among his companions, seeing him wearing it, said, "O Allah's Apostle! Please give it to me to wear." The Prophet said, "Yes." (and gave him that sheet). When the Prophet left, the man was blamed by his companions who said, "It was not nice on your part to ask the Prophet for it while you know that he took it because he was in need of it, and you also know that he (the Prophet) never turns down anybody's request that he might be asked for." That man said, "I just wanted to have its blessings as the Prophet had put it on, so l hoped that I might be shrouded in it."

This tradition has also been transmitted through a different chain of narrators by Ibn ‘Umar to the same effect. This version adds “A woman in the sacred state(while wearing ihram) should not be veiled or wear gloves.

Abu Dawud said This tradition has also been transmitted by Hatim bin Isma’il and Yahya bin Ayyub from Musa bin ‘Uqbah from ‘Nafi as reported by al Laith. This has also been narrated by Musa bin Tariq from Musa bin ‘Uqbah as a statement of Ibn ‘Umar(not of the Prophet). Similarly, this tradition has also been transmitted by ‘Ubaid Allah bin Umar, Malik and Ayyub as a statement of Ibn ‘Umar (not of the Prophet). Ibrahim bin Sa’id al Madini narrated this tradition from Nafi’ on the authority of Ibn ‘Umar from the Prophet (saws) A woman in the sacred state (wearing ihram) must not be veiled or wear gloves.

Abu Dawud said Ibrahim bin Sa’id al Madini is a traditionist of Madina. Not many traditions have been narrated by him.

The Prophet (saws) said: A man or a woman acts in obedience to Allah for sixty years, then when they are about to die they cause injury by their will, so they must go to Hell. Then AbuHurayrah recited: "After a legacy which you bequeath or a debt, causing no injury...that will be the mighty success.

Abu Dawud said: Al-Ash'ath b. Jabir is the grandfather of Nasr b. 'Ali.

Yahya related to me from Malik from Nafi that Rubayyi bint Muawwidh ibn Afra came with her paternal uncle to Abdullah ibn Umar and told him that she had divorced her husband for a compensation in the time of Uthman ibn Affan, and he heard about it and did not disapprove. Abdullah ibn Umar said, "Her idda is the idda of a divorced woman."

The Prophet seeing a yellow mark (of perfume) on the clothes of `Abdur-Rahman bin `Auf, said, "What about you?" `Abdur-Rahman replied, "I have married a woman with a Mahr of gold equal to a date-stone." The Prophet said, "May Allah bestow His Blessing on you (in your marriage). Give a wedding banquet, (Walima) even with one sheep."

Allah's Apostle gave the judgment that a male or female slave should be given in Qisas for an abortion case of a woman from the tribe of Bani Lihyan (as blood money for the fetus) but the lady on whom the penalty had been imposed died, so the Prophets ordered that her property be inherited by her offspring and her husband and that the penalty be paid by her Asaba.

Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you marry a woman or buy a slave-girl, take her by the forelock and ask for baraka. When you buy a camel, take the top of its hump, and seek refuge with Allah from Shaytan."

Allah's Apostle said, "The reward of deeds depends upon the intention and every person will get the reward according to what he has intended. So whoever emigrated for Allah and His Apostle, then his emigration was for Allah and His Apostle. And whoever emigrated for worldly benefits or for a woman to marry, his emigration was for what he emigrated for."

That the Prophet (saws) said: "Many a man achieved perfection, but no woman achieved perfection except for Mariam the daughter of 'Imran, and Asiyah the wife of Fir'awn. And the superiority of 'Aishah over other women is like the superiority of Tharid over other foods."

He said: There is something on this topic from 'Aishah and Anas.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Qatadah said: I heard Jabir ibn Zayd who reported on the authority of Ibn Abbas; and Shu'bah reported the Prophet (saws) as saying: A menstruating woman and a dog cut off the prayer.

Abu Dawud said: Sa'id, Hisham and Hammam narrated this tradition from Qatadah on the authority of Jabir b. Zaid as a statement of Ibn 'Abbas.

'A'isha reported that Allah's Messenger (may peace be upon him) never beat anyone with his hand, neither a woman nor a servant, but only, in the case when he had been fighting in the cause of Allah and he never took revenge for anything unless the things made inviolable by Allah were made violable; he then took revenge for Allah, the Exalted and Glorious.

I went to `Aisha and she was wearing a coarse dress costing five Dirhams. `Aisha said, "Look up and see my slave-girl who refuses to wear it in the house though during the lifetime of Allah's Apostle I had a similar dress which no woman desiring to appear elegant (before her husband) failed to borrow from me."

The above tradition has been transmitted by ‘Abd Allaah bin Al Fadl through his chain of narrators and with different meaning. The version goes “A woman without a husband has more right to her person than her guardian and the father of a virgin should ask her permission about herself.”

Abu Dawud said “ The word “her father” is not guarded.

Ibn Shihab: I do not know whether he (the Prophet) said it is a third or a fourth time.

The Prophet forbade that a woman should be married to a man along with her paternal aunt or with her maternal aunt (at the same time). Az-Zuhri (the sub-narrator) said: There is a similar order for the paternal aunt of the father of one's wife, for 'Urwa told me that `Aisha said, "What is unlawful because of blood relations, is also unlawful because of the corresponding foster suckling relations."

An Ansari woman gave her daughter in marriage and the hair of the latter started falling out. The Ansari women came to the Prophet and mentioned that to him and said, "Her (my daughter's) husband suggested that I should let her wear false hair." The Prophet said, "No, (don't do that) for Allah sends His curses upon such ladies who lengthen their hair artificially."

A woman asked the Prophet saying, "0 Allah's Apostle! My daughter got measles and her hair fell out. Now that I got her married, may I let her use false hair?" He said (to her), "Allah has cursed the lady who lengthens hair artificially and the one who gets her hair lengthened artificially."

The Prophet said, 'O people! The reward of deeds depends upon the intentions, and every person will get the reward according to what he has intended. So, whoever emigrated for Allah and His Apostle, then his emigration was for Allah and His Apostle, and whoever emigrated to take worldly benefit or for a woman to marry, then his emigration was for what he emigrated for."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "A woman in ihram should not comb her hair when she leaves ihram until she has cut some of the tresses of her hair, and if she has an animal for sacrifice with her she should not cut off any of her hair until the animal has been killed."

Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (may peace be upon him) forbade the (people) meeting the caravan (for entering into business transaction with them), and the selling of goods by a townsman on behalf of a man of the desert, and seeking by a woman the divorce of her sister (from her husband), and outbidding (against one another), and tying up the udders (of animals), and buying of (things) in opposition to one's brother.

A woman asked `Aisha, "Should I offer the prayers that which I did not offer because of menses" `Aisha said, "Are you from the Huraura' (a town in Iraq?) We were with the Prophet and used to get our periods but he never ordered us to offer them (the Prayers missed during menses)." `Aisha perhaps said, "We did not offer them."

We were ordered to bring out our menstruating women and veiled women in the religious gatherings and invocation of Muslims on the two `Id festivals. These menstruating women were to keep away from their Musalla. A woman asked, "O Allah's Apostle ' What about one who does not have a veil?" He said, "Let her share the veil of her companion."

A man kissed a woman (unlawfully) and then went to the Prophet and informed him. Allah revealed: And offer prayers perfectly At the two ends of the day And in some hours of the night (i.e. the five compulsory prayers). Verily! good deeds remove (annul) the evil deeds (small sins) (11.114). The man asked Allah's Apostle, "Is it for me?" He said, "It is for all my followers."

The slave-mother of Ibrahim ibn AbdurRahman ibn Awf asked Umm Salamah, the wife of the Prophet (saws): I am a woman having a long border of clothe and I walk in filthy place; (then what should I do?). Umm Salamah replied: The Messenger of Allah ( peace be upon him) said: What comes after it cleanses it.

The Prophet (saws) said: May Allah have mercy on a man who gets up at night and prays, and awakens his wife; if she refuses, he should sprinkle water on her face. May Allah have mercy on a woman who gets up at night and prays, and awakens her husband; if he refuses, she would sprinkle water on his face.

The Prophet said, "The (reward of) deeds depend on intentions, and every person will get the reward according to what he intends. So, whoever migrated for Allah and His Apostle, then his migration will be for Allah and His Apostle, and whoever migrated for worldly benefits or for marrying a woman, then his migration will be for what he migrated for." (See Hadith No. 1, Vol. 1)